US reverses Pompeo doctrine, says West Bank settlements illegal

US Secretary of State Mike Pompeo and Prime Minister Benjamin Netanyahu meet in Jerusalem, October 18 2019

The Biden administration declared that settlements are illegal, as it rescinded the “Pompeo doctrine” to underscore its objection to Israel’s declared intention to advance plans for 3,000 new homes in the West Bank.

“We’re disappointed in the announcement,” US Secretary of State Antony Blinken said Friday during a joint press conference in Buenos Aires.

“It’s been longstanding US policy under Republican and Democratic administrations alike that new settlements are counterproductive to reaching an enduring peace,” he said.

“They’re also inconsistent with international law. Our administration maintains a firm opposition to settlement expansion. And in our judgment, this only weakens – it doesn’t strengthen – Israel’s security,” Blinken said.

His statement and a similar one issued by White House National Security Communications Advisor John Kirby marked the first time, since US President Joe Biden took office, that his administration has spoken of the illegality of settlements.

Police at the scene of a terror attack near the Jewish settlement of Ma’aleh Adumim, outside of Jerusalem, February 5, 2024. (credit: Chaim Goldberg/Flash90)

Police at the scene of a terror attack near the Jewish settlement of Ma’aleh Adumim, outside of Jerusalem, February 5, 2024. (credit: Chaim Goldberg/Flash90)

Biden administration reverses Pompeo doctrine

Their words were a reversal from the highly publicized Trump administration policy in 2019, issued by former US secretary of state Mike Pompeo, who declared that settlements are not inconsistent with international law. It has since been dubbed the “Pompeo doctrine.”

Pompeo posted on X in response that “Judea and Samaria are rightful parts of the Jewish homeland, and Israelis have a right to live there.”

Biden’s “decision to overturn our policy and call Israeli ‘settlements’ illegal will not further the cause of peace,” Pompeo stated.

“It rewards Hamas for its brutal attacks [against Israel] on October 7 and punishes Israel instead. These Israeli communities are not standing in the way of peace; militant Palestinian terrorism is.”

US Senator Tom Cotton (R-Arkansas) accused Biden of reversing the policy by way of catering to pro-Palestinian voters in the swing state of Michigan as part of his reelection campaign for the White House.

“It’s shameful that the Biden administration reversed this and rewarded terrorists – all to help Biden’s poll numbers in Michigan,” he said.

At a press briefing, Kirby downplayed the significance of the Pompeo doctrine as he explained that a declaration of the illegality of West Bank settlements was “consistent over a range of Republican and Democratic administrations.”

He added that “if there’s an administration that is being inconsistent, it was the previous one.”

The European Union also opposed the Israeli step, with its foreign policy chief Josep Borrell posting on X that Israeli settlement construction was “inflammatory and dangerous.”

“Settlements make Israelis and Palestinians less safe, fuel tensions, obstruct peace efforts, and constitute a grave breach of international law,” he posted.

Israel announced its plan to advance settlement building after Thursday’s terror attack near Ma’aleh Adumim next to a checkpoint heading into Jerusalem, in which one man was killed and over eight people injured.

“Let every terrorist plotting to harm us know that any raising of a hand against Israeli citizens will be met with a blow of death and destruction and the deepening of our eternal grip on the entire Land of Israel,” Finance Minister Bezalel Smotrich stated.

He was one of several ministers who together with Prime Minister Benjamin Netanyahu agreed late Thursday night to convene the Civil Administrations Higher Planning Council for Judea and Samaria this week.

Ma’aleh Adumim is due to receive authorization for the construction of an additional 2,350 housing units. The settlement, located off of Route 1 as it heads to the Dead Sea, is the third-largest Jewish city in the West Bank, with a population of over 38,000 according to the Central Bureau of Statistics.

The Efrat settlement, with a population of over 11,800 according to the CBS, is due to receive authorization for 694 new housing units. Efrat is located next to the Palestinian city of Bethlehem, from where the Ma’aleh Adumim attack terrorists originated.

The Kedar settlement, located next to Ma’aleh Adumim with a population of over 1,600, is slated to receive an additional 300 housing units.

The move came on the heels of US Middle East Envoy Brett McGurk’s meetings with Netanyahu, Gallant, and the War Cabinet on Thursday. It also comes as the International Court of Justice is debating the illegality of Israel’s “occupation” of the West Bank. Among the arguments in favor of illegality is Israel’s continued settlement construction, which opponents argue is proof that the Jewish state has already annexed the territory, a move which is illegal under international law.

West Bank heads praise approval to build new settlements

Shlomo Ne’eman, who heads the Yesha Council and the Gush Etzion Regional Council, praised the decision and asked Netanyahu to approve additional building beyond the 3,000 units.

“The development of Judea and Samaria is the appropriate response to anyone who tries to harm us or undermine our rights to the land. We hope that the rest of the housing units awaiting approval will be green-lighted as soon as possible,” he said.

“There is no need to wait for another deadly attack,” Ne’eman said. “Our enemies should know that we do not cower from acts of terrorism. We must continue to develop and establish our hold on all parts of the Land of Israel.”